Ancillary Matters. ITEQ shall have concluded the Refinancing, subject only to consummation of the merger contemplated by this Agreement, and it shall have received a favorable opinion from Simmxxx xxx inclusion in the Proxy Statement as to the fairness, from a financial point of view, to ITEQ of the Merger Consideration, which opinion shall not have been withdrawn at the Effective Date.
Appears in 2 contracts
Samples: Plan and Agreement of Merger (Astrotech International Corp /New), Plan and Agreement (Iteq Inc)
Ancillary Matters. ITEQ shall have concluded the Refinancing, subject only to consummation of the merger contemplated by this Agreement, and it AIX shall have received a favorable opinion from Simmxxx xxx RPR for inclusion in the Proxy Statement as to the fairness, from a financial point of view, to ITEQ the AIX stockholders of the Merger Consideration, which opinion shall not have been withdrawn at the Effective Date.
Appears in 2 contracts
Samples: Plan and Agreement (Iteq Inc), Plan and Agreement of Merger (Astrotech International Corp /New)
